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Employment Law

Newark car-prep giant faces discrimination, ADA charges

07/27/2010
The EEOC has sued Newark- and Port Elizabeth-based automotive processor FAPS Inc., for race and disability discrimination. The suit charges the company with engaging in a “pattern and practice” that discriminates against black applicants and asking job-application questions that violate the ADA.

He said he didn’t need ADA help? Then he can’t sue for it

07/27/2010

Some disabled individuals may fear that prospective employers won’t hire them if they request an accommodation. They may even try to reassure employers they’re perfectly capable of doing the job without any help. Take them at their word. They can’t later claim they didn’t get an accommodation.

Challenge unemployment if firing offense was a crime

07/27/2010

Employee theft is a big problem, and it’s natural for employers that catch workers stealing to terminate them. But some of those thieves may still file for unemployment. Challenge such applications on the basis that the firing offense was punishable as a crime. There’s no need for an actual conviction.

Could you use a little change? Courts seem more willing to make employees pay legal fees

07/27/2010

When employees win at least some part of their lawsuits, employers have gotten used to being stuck with paying employees’ attorneys’ fees. But until recently, courts haven’t seen fit to make employees pay the other side’s legal fees if the verdict goes the employer’s way. That may be changing, if a recent 3rd Circuit Court of Appeals case is any indication.

Prepare to determine, when the allegations fly: Sexual harassment–or just some clueless guy?

07/27/2010
When it comes to sexual harassment, the devil is in the details. Asking someone out on a date or making friendly conversation isn’t usually sexual harassment. But telling the difference between what one court recently called a “tone deaf” suitor and a true harasser isn’t easy.

Informal ERISA complaints aren’t protected

07/27/2010
Recently, the 3rd Circuit Court of Appeals had a chance to declare that an informal internal complaint about ERISA-covered benefits might be enough to protect an employee from retaliation. Fortunately for employers, it declined to do so.

Don’t rely on one-sided arbitration agreements

07/27/2010

Arbitration agreements are supposed to help resolve employment disputes quickly and inexpensively. That’s true sometimes, but only if the agreement is fair. If an employer tries to use arbitration as a way to avoid litigation by making it overly difficult for an employee to use the system, a court is likely to throw out the whole agreement as “unconscionable.”

Keep health costs out of the equation when considering hiring and firing

07/27/2010
Before you even consider firing (or refusing to hire) someone because they might jack up your health insurance costs, count your dollars, not your pennies. You may be staring down a lawsuit that could dwarf whatever premium costs you hoped to avoid.

DOL’s Trojan horse: ‘We’re from the DOL and We Can Help’

07/27/2010

The DOL is stepping up efforts to encourage and support certain types of wage-loss claims by low-income workers. Labor Secretary Hilda Solis announced this spring that the department was rolling out its “We Can Help” campaign to address this issue. If you employ relatively low-wage workers, you need to be aware of this program.

It’s time to review your e-monitoring policies

07/27/2010
A long-awaited Supreme Court ruling has reiterated the importance of all employers to draft and enforce a comprehensive electronic communications policy governing how employees can use e-mail, the Internet, cell phones and text services.